Theoretical Research on Real Right Acts: Focusing on the Comparison of Ownership Transfer in Chinese and German Law

Author: Tian Shiying
Publisher:
Publish Date: 2002-12-01
Features: This book takes the theory of legal acts of property as its research subject, systematically comparing the issues of ownership transfer in German and Chinese law. The book consists of eight chapters. Chapter 1 analyzes the concept of legal acts of property. Chapter 2 analyzes the origins of the theory of legal acts of property. Chapters 3 to 7 analyze the constitutive requirements of legal acts of property, among which, Chapter 3 provides a general analysis of the constitutive issues of legal acts of property, Chapter 4 analyzes the issue of intention in legal acts of property, Chapter 5 analyzes the issue of publicity in legal acts of property, Chapter 6 analyzes the issue of disposition power, and Chapter 7 analyzes the issue of causation. Chapter 8 analyzes China's adoption of the theory of legal acts of property. A legal act of property is a legal act that gives rise to legal effects in property law. The superordinate concept of a legal act of property is a legal act, and the differentia between it and the concept of a legal act is the legal effect in property law. A legal act of property is the result of classifying legal acts by legal department, and the concept of a legal act of property is derived from the concept of a legal act. The theory of legal acts of property developed from the doctrines studying Roman formal sales, simulated lawsuits, and delivery systems. In the study of delivery systems, pre-Savignian views often did not clearly distinguish the elements of intention in the transfer of ownership through delivery. Savigny separated the (legal intention of property) from the rest, forming his theory of (legal contract of property). Savigny's views influenced subsequent German doctrines and the 《German Civil Code》. The constitutive requirements of a legal act of property are the application of the constitutive requirements of a legal act to a legal act of property, which can be divided into constitutive requirements and requirements for effectiveness. The constitutive requirements of a legal act of property are the legal intention of property or consensus and publicity. Disposition power is one of the requirements for the effectiveness of a legal act of property. If a legal act of property is abstract, causation does not affect its effectiveness. The legal intention of property is the intention that gives rise to legal effects in property law. A (legal contract of property) requires the legal intention of property of both parties to be consistent, while a unilateral legal act of property only requires the legal intention of property of one party. The legal intention of property or consensus itself does not constitute a legal act of property. For the legal intention of property or consensus to take effect, the intention must be sound, and the actor must have corresponding capacity. Clauses attached to a legal act of property can affect its effectiveness. Property needs publicity, and legal acts of property also need publicity. Without publicity, a legal act of property is not established. The publicity method for movable property legal acts of property is delivery, while the publicity method for immovable property legal acts of property is registration. Disposition is a legal effect that directly acts on existing rights. A legal act that gives rise to a disposition effect is a disposition act. A disposition act is a unilateral act from the perspective of the dispossessioner. For a disposition act to take effect, the dispossessioner must have the right to dispose. In cases of unauthorized disposition, the effectiveness of the disposition act is affected. The good faith of the acquirer is a substitute requirement for the dispossessioner's right to dispose. Good faith acquisition is a legal fact that gives rise to legal effects in property law, determined by the intention of the parties, and belongs to legal acts of property.